The Foundation Body Regulations 1999

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Foundation Body Regulations 1999 and shall come into force on 22nd June 1999.

(2) In these Regulations–

“the 1998 Act” means the School Standards and Framework Act 1998;

“community member” means a member of the foundation body nominated by the governing bodies of schools and appointed by the governor members of the foundation body under regulation 4(b) or 7(4);

“governor member” means a member of the foundation body appointed by the governing body of a school under regulation 7(1) or (3) or regulation 21(5);

“group” means the group of three or more schools for which a foundation body performs the following functions, namely–

(a)

to hold property of those schools for the purposes of those schools, and

(b)

to appoint foundation governors for those schools;

“implementation date” means the date, on which a group is to be formed, specified in writing by the Secretary of State under regulation 5(1); and

“initial governor member” shall be construed in accordance with regulation 3(4).

(3) Where any land is transferred to and vests in a foundation body in accordance with these Regulations, any rights or liabilities–

(a) enjoyed or incurred by the transferor in connection with the land; and

(b) subsisting immediately before the transfer of the land,

shall also be transferred to, and by virtue of these Regulations vest in, the foundation body.

(4) Expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions set out opposite thereto in the second column.

TABLE

financial year	section 579(1) of the Education Act 1996(1)
foundation	section 21(3) of the 1998 Act
foundation body	section 21(4) of the 1998 Act
foundation governor	paragraph 2 of Schedule 9 to the 1998 Act.

(5) References to the Secretary of State in any provision of these Regulations conferring functions on the Secretary of State shall be read, in relation to Wales, in respect of any time on or after 1st July 1999, as references to the National Assembly for Wales(2).

(6) References to a category in any provision of these Regulations is a reference to one of the categories set out in section 20(1) of the 1998 Act.

(7) Unless the context otherwise requires, a reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations.

(1)

1996 c. 56.

(2)

The National Assembly for Wales was established by section 1 of the Government of Wales Act 1998 (c. 38). All the functions of the Secretary of State relevant to these Regulations are transferred to the Assembly by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) with effect from 1st July 1999. Accordingly, in relation to Wales, references to the Secretary of State in the relevant sections and Schedules to the School Standards and Framework Act 1998 are to be construed as being, or including, a reference to the Assembly see section 43 of the Government of Wales Act 1998.